sister, and a more remote lineal ancestor to any of his issue, other than a nearer lineal ancestor or his issue." §. 7. "And be it further enacted and declared, that none of the maternal ancestors of the person from whom the descent is to be traced, nor any of their descendants, shall be capable of inheriting until all his paternal ancestors and their descendants shall have failed; and also that no female paternal ancestor of such person, nor any of her descendants, shall be capable of inheriting until all his male paternal ancestors and their descendants shall have failed; and that no female maternal ancestor of such person, nor any of her descendants, shall be capable of inheriting until all his male maternal ancestors and their descendants shall have failed." §. 8. "And be it further enacted and declared, that where there shall be a failure of male paternal ancestors of the person from whom the descent is to be traced, and their descendants, the mother of his more remote male paternal ancestor, or her descendants, shall be the heir or heirs of such person, in preference to the mother of a less remote male paternal ancestor, or her descendants; and where there shall be a failure of male maternal ancestors of such person, and their descendants, the mother of his more remote male maternal ancestor, and her descendants, shall be the heir or heirs of such person, in preference to the mother of a less remote male maternal ancestor, and her descendants." §. 9. And be it further enacted, that any person related to the person from whom the descent is to be traced by the half blood shall be capable of being his heir; and the place in which any such relation by the half blood shall stand in the order of inheritance, so as to be entitled to inherit, shall be next after any relation in the same degree of the whole blood, and his issue, where the common ancestor shall be a male, and next after the common ancestor where such common ancestor shall be a female, so that the brother of the half blood on the part of the father shall inherit next after the sisters of the whole blood on the part of the father and their issue, and the brother of the half blood on the part of the mother shall inherit next after the mother." §. 10. "And be it further enacted, that when the person from whom the descent of any land is to be traced shall have had any relation who, having been attainted, shall have died before such descent shall have taken place, then such attainder shall not prevent any person from inheriting such land who would have been capable of inheriting the same, by tracing his descent through such relation, if he had not been attainted, unless such land shall have escheated in consequence of such attainder before the first day of January one thousand eight hundred and thirty-four." §. 11. "And be it further enacted, that this act shall not extend to any descent which shall take place on the death of any person who shall die before the said first day of January one thousand eight hundred and thirty-four." §. 12. "And be it further enacted, that where any assurance executed before the said first day of January one thousand eight hundred and thirty-four, or the will of any person who shall die before the same first day of January one thousand eight hundred and thirty-four shall contain any limitation or gift to the heir or heirs of any person, under which the person or persons answering the description of heir shall be entitled to an estate by purchase, then the person or persons who would have answered such description of heir if this act had not been made shall become entitled by virtue of such limitation or gift, whether the person named as ancestor shall or shall not be living on or after the said first day of January one thousand eight hundred and thirty-four." N. B. Copyholds are excepted out of the REGISTER ACTS of 2nd & 3d Anne, c. 4. for the West Riding of Yorkshire; the 6th Anne, c. 35. for the East Riding of Yorkshire, and the town and county of the town of Kingston-upon-Hull; the 8th Geo. 2. c. 6. for the North Riding of Yorkshire; and also the 7th Anne, c. 20. for Middlesex (a). (a) It has been very properly suggested that as the interest of a lessee of copyholds is a common law interest, (see ante, pt. 1. p. 548,) it is advisable to register "such leases of copyhold estates as, if the estate were freehold, would require registry." Sugd. Vend. & Purch. [9th Ed.] vol. 2. p. 217. COMMON PLEAS. Rules and Table of Costs, under the Act of 3d and 4th W. IV. c. 74, for the abolition of Fines and Recoveries. "Hilary Term, 1834. Whereas it has been found expedient to make alterations in the general rules made in Michaelmas Term last by this court, for the purpose of carrying into effect the statute passed in the 3d and 4th years of the reign of his present Majesty, cap. 74, intituled "An Act for the Abolition of Fines and Recoveries, and for the substitution of more simple modes of Assurance." And whereas it is necessary to make orders touching the amount of the reasonable fees and charges to be taken by the several persons appointed to carry the powers of the said Act into execution; and it will be convenient that all the orders and regulations made by the Court under the said Act should be contained in the same rule : Now it is hereby ordered, that the said general rules be and the same are hereby revoked: provided that this present rule shall not be construed in any respect to invalidate any proceedings which before the first day of March next ensuing, shall have been taken pursuant to the direction of the said rules of Michaelmas Term last. And it is hereby further ordered, that where any acknowledgment shall be made by any married woman of any deed under and by virtue of the said Act, before Commissioners appointed under the said Act, one at least of the said Commissioners shall be a person who is not in any manner interested in the transaction giving occasion for such acknowledgment or concerned therein, as attorney, solicitor, or agent, or as clerk to any attorney, solicitor, or agent so interested or concerned. And it is further ordered, that before the commissioners shall receive such acknowledgment, they or in case one of them shall be interested or concerned as aforesaid, then such one of them as shall not be so interested or concerned do inquire of every married woman separately and apart from her husband, and from the attorney or solicitor concerned in the transaction, whether she intends to give up her interest in the estate to be passed by such deed, without having any provision made for her in licu of, or in return for, or in consequence of her so giving up such interest; and where such married woman in answer to such inquiry shall declare that she intends to give up such her interest without any provision, and the said commissioners shall have no reason to doubt the truth of such declaration and shall verily believe the same to be true, then they shall proceed to receive the said acknowledgment; but if it shall appear to them or to such one of them as aforesaid, that it is intended that provision is to be made for any such married woman, then the commissioners shall not take her acknowledgment until they are satisfied that such provision has been actually made by some deed or writing produced to them, or if such provision shall not have been actually made before, then the commissioners shall require the terms of such intended provision to be shortly reduced into writing, and shall verify the same by their signatures in the margin, at the foot, or at the back thereof. And it is hereby further ordered, that the affidavit verifying the certificate to be made pursuant to the said act, and which certificate shall be in the form contained in the said act shall (except in such cases where the acknowledgment shall be taken elsewhere than in England, Wales or Berwick-upon-Tweed) be made by some practising attorney or solicitor of one of the courts at Westminster, or of one of the counties palatine of Lancaster or Durham, and that in all cases it shall be deposed in addition to the verification of the said certificate, that the deponent, (or if more than one person join in the affidavit, that one or more of the deponents,) knew the person or persons making such acknowledgment: and that at the time of making such acknowledgment, the person or persons making the same was or were of full age and competent understanding: and that one at least of the commissioners taking such acknowledgment, to the best of his deponent's knowledge and belief, is not in any manner interested in the transaction giving occasion for the taking of such acknowledgment, or concerned therein, as attorney, solicitor or agent, or as clerk to any attorney, solicitor or agent so interested or concerned; and that the names and residences of the said commissioners, and also the place or places where such acknowledgment or acknowledgments shall be taken, shall be set forth in such affidavit: and that previously to such acknowledgment being taken, the deponent had inquired of such married woman, (or if more than one of each of such married women,) whether she intended to give up her interest in the estate to be passed, and also the answer given thereto; and where any such married woman in answer to such inquiry shall declare that she intends to give up her interest without any provision, the deponent shall state that he has no reason to doubt the truth of such declaration, and he verily believes the same to be true. And where any provision has been agreed to be made, the deponent shall state that the same has been made by deed or writing, or if not actually made before, that the terms of the intended provision have been reduced into writing, which deed or writing he verily believes has been produced to the said (judge,) (master, or) commissioners. And it is hereby further ordered, that the affidavit shall state the parish or several parishes, or place or several places, and the county or counties in which the several premises wherein any such married woman shall appear to be interested shall by deed be described to be situate. And it is hereby further ordered, that the affidavit shall be in the form hereunto annexed, subject to such variations as the circumstances of the case shall render necessary, or such affidavit may be made where it is found convenient by one of the said commissioners, with such variation in the form thereof as shall be necessary in that behalf. And it is hereby further ordered, that the certificates and affidavits verifying the same shall, within one month from the making the acknowledgment, be delivered to the proper officer appointed under the said act; and that the officer shall not after that time receive the same without the direction of the court or a judge. And it is hereby further ordered, that the fees or charges to be paid for the copies to be delivered by the clerks of the peace, or their deputies, or by the officer of the said court, and for taking acknowledgments of deeds, and for examining married women, and for the proceedings, matters and things required by the said act to be had, done and executed, for completing and giving effect to such acknowledgments and examinations, shall be as follows: To a judge or master for taking the acknowledgment £. s. d. 1 6 8 .1 6 8 |